Question
Hello, I need help with the following question. A two page position paper for the issue outlined below. So please make sure that the position
Hello, I need help with the following question. A two page position paper for the issue outlined below. So please make sure that the position paper is least two pages for the issue stated below. Your writing can be arguing for either position, for or against. Your score will be determined by how persuasive you are in your analysis, how well you demonstrate your understanding of the particular issues and how clearly your arguments are presented. A brief position paper as if you were submitting written submission for a debate on the topic either supporting or opposing the question, and providing as compelling an argument as possible to support the position that you adopt.
Issue 1: Shareholder Primacy vs. Stakeholder Primacy
Background: The Supreme Court of Canada' decisions in the two seminal cases of Peoples Department Stores Inc. (Trustee) v. Wise (2004) SCC 461 and BCE Inc. vs. 1976 Debenture holders (2008) SCC 69 collectively turned the foundations of corporate law in Canada on its head. Essentially, these decisions departed from 70 years of legal precedence in Canada (during which shareholder primacy was the dominant legal theory in terms of the question "to whom is the fiduciary duty owed in a corporation") and clearly established stakeholder primacy as the prevailing law. This decision has been subject to significant legal criticism based on the allegation that they create significant uncertainty in assessing whether officers and directors have discharged their fiduciary obligations when there are so many potential competing interests to consider under stakeholder theory.
The Question: BE IT RESOLVED that the Supreme Court of Canada's decisions in the People's and BCE cases was correctly decided and that stakeholder primacy is the appropriate foundation for determining to whom fiduciary obligations are owed in Canada by corporate fiduciaries.
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